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work and worked on weekends. The representatives considered that due to
the victim’s technical specialization, the minimum wage should not be
assigned to him when estimating lost wages, but that they did not know the
amount he perceived as salary. Therefore, they indicated that taking into
account the value of a salary of 25 lempiras per day, the Honduran labor
legislation that contemplates two minimum monthly wages per year as a
measure of social compensation, that life expectancy for men was 65.6 in the
year 1995 and subtracting 25% for expenses, the representatives requested
the amount of US$27,023.15 (twenty seven thousand and twenty three
dollars of the United States of America with fifteen cents) in the concept of
lost wages, and
v)
the next of kin incurred in expenses regarding the vigil and burial of
the alleged victims, and due to the time that has gone by they do not have
the receipts for said expenses, reason for which they requested that the Court
set in equity the amount of those damages.
c)
Non-pecuniary damages
i)
the vulnerability of the victims regarding state agents, the way in
which they were arrested, the threats and tortures they were subject to, their
emotional and physical suffering, and the way in which they were killed must
be taken into consideration when estimating a compensation for “nonpecuniary damages”. Likewise, the violation to the victims’ life project must
be considered when estimating the “non-pecuniary damages”;
ii)
they requested that the Court set the amount of US$150,000.00 (one
hundred and fifty thousand dollars of the United States of America) in the
cases of Orlando Álvarez Ríos and Diomedes Obed García Sánchez to
compensate the suffering lived. Due to their conditions of minors, they
requested the amount of US$175,000.00 (one hundred and seventy five
thousand dollars of the United States of America) for Marco Antonio Servellón
García and Rony Alexis Betancourth Vásquez, and
iii)
that the next of kin are also victims and that among the facts that
must be analyzed by the Court are that the mother of Marco Antonio
Servellón García was not allowed to see her son while he was detained; that
the mother of Rony Alexis Betancourt Vásquez “thought that he was safe
because he was in State custody” and that his partner was not allowed to see
him, despite the fact that she waited all day outside the police office; and
Orlando Álvarez Ríos informed his sister that he would be released, which did
not happen. Likewise, the mental state of the next of kin was altered by the
subsequent knowledge of the arbitrary arrest, the threats, the physical and
physcological torture, and the killing of their loved ones, whose bodies were
left in different parts of Tegucigalpa. The lack of an exhaustive investigation
of the facts caused feelings of helplessness and uncertainty in the victims’
next of kin, situation that worsened the “non-pecuniary damages” suffered.
Due to the aforementioned, they requested that the court set in equity a
compensatory amount in their favor.
d)
Other forms of reparation